Proposal for Building China’s Legal System in Developing Marine Mineral Resources in the Context of Cooperation Between China and Pacific Island Countries in Deep-Sea Mining

Background and Purposes

The seabed in the deep sea is home to various strategic resources. In recent years, the CPC Central Committee  and the State Council have given high priority to  the development of the deep sea by establishing the deep sea as one of the four strategic new frontiers. At the National Conference on Science and Technology in 2016, Chinese President Xi Jinping proposed for the first time China’s three-pronged  strategic plan in deep-sea development: entry, exploration, and exploitation, a forward-looking one that charts the future course for China’s progress toward a country with great strength in marine resources. China has seen substantive benefits brought about in its research in exploring and developing resources on the deep seabed. With rapid economic and social development in China, it is a natural choice to dive deep into the sea and pursue the deep-sea development strategy.

According to a World Bank report, polymetallic sulfides abound within the exclusive economic zones of Fiji, Papua New Guinea, Solomon Islands, Tonga, and Vanuatu; polymetallic nodules are plentiful within the exclusive economic zones of the Cook Islands, Kiribati, Niue and Tuvalu; and co-rich crusts can be easily found within such zones of Kiribati, the Marshall Islands, the Federated States of Micronesia, Niue, Palau, Samoa, and Tuvalu.

General Outline

During the two-week project, the team will conduct field study at the Seabed Minerals Authority (SMA) and the Ministry of Environment Services of the Cook Islands and exchange ideas at workshops with local legislature and SMA legal counsels  over the laws and regulations in exploring and developing deep-sea resources and other relevant legal issues.

A final research report, to be written in Chinese, will thoroughly analyze the legal system for deep-sea resource development in the Cook Islands,  based on which to review that in China and the problems therein. Factoring in the status quo and needs in regards to China’s deep-sea resource exploration and development, the project team will provide their input and propose plans for future legislation to China’s competent authorities. Students participating in the field research are encouraged to produce scholarly papers on maritime law.

Management Guidelines

The project receives strong support from the Koguan School of Law of Shanghai Jiao Tong University. It is carried out under the guidance of the leaders of the Koguan School and the teachers of its Committee of the Communist Youth League, Mr. Zhang Guobin, an expert involved in building China’s national legal system for deep-sea resource development, acting as the supervisor for the research. The team will be staffed with excellent doctoral candidates, graduate students, and undergraduates specializing in international law, administrative law, oceanic equipment, and relevant disciplines. Thanks to Mr. Zhang’s previous cooperation with the authorities of the Cook Islands, the team has established contacts with the SMA. During the project, the team will also work with the Chinese embassy and consulate in New Zealand (Cook Islands), Chinese organizations and businesses based in the Cook Islands, local governments and organizations  to ensure the plan is practicable and effective while guaranteeing the safety of the team members.